The publication of the 2026 Code of Higher Education Governance is more than a routine refresh of governance guidance. While many of the principles will be familiar to governing bodies, the updated Code reflects a growing expectation that governing bodies move beyond compliance and show that governance is truly effective.

Governance used to centre on whether a university had the right structures and processes in place. Now it asks whether those arrangements deliver the leadership, accountability and oversight a more complex environment demands.

The Code was developed after extensive consultation across the sector. It's designed to help governing bodies navigate a landscape shaped by financial pressures, closer public scrutiny, changing student expectations and growing regulatory demands.

A shift from compliance to governance effectiveness

One of the most significant features of the 2026 Code is its approach to accountability.

The Code is built around six principles supported by provisions that institutions either "must or must not" or "should or should not" follow. The distinction is important. "Must or must not" provisions set the minimum requirements for institutions to be compliant with the Code. In contrast, "should or should not" provisions allow governing bodies to exercise judgement based on their individual circumstances. Where institutions choose not to follow a "should or should not" provision, they should explain their reasoning clearly and openly.

These optional elements show that effective governance can’t always be standardised. Institutions work in different contexts, so they may need different arrangements. The emphasis is on thoughtful decision-making and accountability, not a one-size-fits-all approach.

The six principles of the Code of Higher Education Governance

The Code is structured around six principles:

1. Institutional leadership and purpose
2. Culture and behaviour
3. Strategy, sustainability, risk and assurance
4. Board structure and composition
5. Academic governance
6. Board development and performance.

While these themes will be familiar to most governing bodies, several reflect areas under increasing scrutiny across the sector. Most notably, culture and behaviour now sit alongside more traditional topics such as risk, board composition and academic governance. It reflects a growing understanding that culture shapes governance as much as formal policies and committee structures do.

Similarly, the continued prominence of strategy, sustainability, risk and assurance recognises the increasingly challenging environment surrounding institutions.  Governing bodies are expected to do more than oversee risk. They also need to understand how strategic decisions, financial sustainability and institutional resilience connect.

Taken together, the principles stress the importance of behavioural leadership, transparency and continuous improvement, rather than compliance alone.

Transparency is becoming a defining feature of good governance

Transparency is another clear theme, and a broader trend across the public and education sectors. Stakeholders now expect governing bodies to make good decisions and to show the reasoning behind them.

For universities, this means governance discussions may increasingly focus on:

• How decisions are reached
• What evidence informed those decisions
• How alternative options were considered
• How governance arrangements support institutional objectives.

In many respects, the Code places as much emphasis on governance behaviours and decision-making processes as it does on governance structures.

How governing bodies should prepare for the Code of Higher Education Governance

The Code is a good opportunity for boards to check whether their current governance arrangements are still fit for purpose. Key actions include:

1. Brief the board

Ensure governing body members are aware of the new Code and understand the distinction between mandatory requirements and those that require the exercise of judgement.

2. Undertake a gap assessment

Review existing governance arrangements against the principles and provisions of the 2026 Code. Pay particular attention to areas such as culture, risk, assurance and academic governance, where expectations may have moved on.

3. Review areas where provisions are not being applied

Where the institution chooses not to follow a "should or should not" provision, make sure the explanation is specific to your institution, clearly justified and detailed enough for stakeholders to follow the board's reasoning.

4. Refresh governance arrangements where necessary

Use the findings from the review process to strengthen governance arrangements, particularly in areas relating to board culture, risk oversight, academic governance, succession planning and performance evaluation.

5. Establish a regular review cycle

The Code encourages governing bodies to view governance as an ongoing process of continuous improvement rather than a compliance exercise. Institutions should therefore ensure regular reviews against the Code are embedded within their governance cycle.

Looking ahead: what the Code means for higher education governance

The 2026 Code of Higher Education Governance doesn’t radically redefine governance in the sector. Instead, it raises the bar for how governing bodies demonstrate leadership, effectiveness and accountability.

The most significant message may be that governance is increasingly being judged not only by structures and policies, but by outcomes, behaviours and transparency.

For governing bodies, the challenge is no longer simply understanding what good governance means. It is proving that governance arrangements are effective, proportionate and capable of supporting institutions through an increasingly complex and demanding environment.

In that respect, the new Code is less about new rules and more about reinforcing a fundamental principle: good governance is not a fixed destination, but a continual process of reflection, challenge and improvement.

Need support with your governance review?

If you would like to understand what the 2026 Code of Higher Education Governance means for your institution, our higher education governance specialists can help you assess your current arrangements and identify areas for improvement.

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